Judgment : ( 2 ) ACCORDING to the petitioners, they are eligible for appointment to the posts of Primary Teacher and though they have competed in the written test for appointment to the posts of Primary Teacher, held by jharkhand Public Service Commission, ranch! (hereinafter to be referred as j. P. S. C. ), they have not been provided with the letters of appointment whereas the persons, below them in the merit list, have been appointed. ( 3 ) THE case of the petitioners is that they, having passed Diploma in Special Education (Mental Retardation), are eligible for appointment to the post of Primary Teacher. In pursuance of an advertisement, published by the J. P. S. C. in the month of August, 2002, they applied for appointment as Primary teachers in Nationalized Primary Schools. They were allowed to appear at the written competitive test, held on 27th May, 2003. Thereafter, results of the successful candidates were published in the month of November, 2003 and the petitioners were also declared successful. However, letters of appointment have not been issued to them, though the persons, below them in the merit list, have been appointed. ( 4 ) THE respondents in their counter affidavits have taken plea that the petitioners have got training of Diploma in Special Education (Mental Retardation) from an institute, known as "deepshikha, Ranchi" In between the sessions 1999-2000 and 2001-02 i. e. after enforcement of National Council For Teachers Education act, 1993 (hereinafter to be referred as n. C. T. E. Act), which came into effect from 1st July, 1995. The said institute, namely, "deepshikha, ranchi", being not recognized by the Eastern Regional Committee of the National council For Teachers Education bhubneshwar, the petitioners are not eligible for appointment nor are entitled for any relief. ( 5 ) ACCORDING to the petitioners, the institution, known as "deepshikha, Ranchi", is recognized by Rehabilitation Council of india (hereinafter to be referred as r. C. I. ), a statutory body under the Ministry of Social Justice and Empowerment, govt. of India. The said R. C. I. recognizes the Diploma in Special Education (Mental Retardation)Programme, conducted at Deepshikha, ranchi and similar Diploma in Special Education (Mental Retardation), as being run by Karnataka Parents Association, Banglore, is approved by the National Council For teachers Education. of India. The said R. C. I. recognizes the Diploma in Special Education (Mental Retardation)Programme, conducted at Deepshikha, ranchi and similar Diploma in Special Education (Mental Retardation), as being run by Karnataka Parents Association, Banglore, is approved by the National Council For teachers Education. The petitioners have placed reliance on Letter No. 3898 dated 24th august, 2004, issued by the Member Secretary, R. C. I. , New Delhi and have also enclosed the copies of the certificate i. e. Diploma in special Education (Mental Retardation), awarded by the National Institute for the Mentally Handicapped, Ministry of social Justice and Empowerment, Government of India. ( 6 ) IT appears that the petitioners had earlier moved before this Court for similar relief vide W. P. (S) No. 2627 of 2004, wherein, a Bench of this Court vide its order dated 17th May, 2005 dismissed the writ petition in terms of the decision, rendered in W. P. (S)No. 588 of 2004 (reported in 2004 AIR-Jhar HCR 1305) (Suresh Kumar and others v. State of Jharkhand and others) and analogous cases. Against the said judgment, the petitioners having not moved before the higher Court, the order dated 17th May, 2005 reached finality. Therefore, the second writ petition i. e. the present one for the same relief, without any further cause of action, is not maintainable. ( 7 ) THE judgment rendered in W. P. (S)No. 588 of 2004 (Suresh Kumar and others v. State of Jharkhand and others) and analogous cases fell for consideration before a division Bench of this Court in L. P. A. No. 235 of 2004 (reported in 2005 AIR-Jhar HCR 1900) (Dilip Kumar Gupta and others v. The state of Jharkhand and Ors.) and analogous cases. In the said case, Division Bench of this Court having taken note of expression "recognized Training Institute", held as follows: "therefore, on a proper construction of expression "recognized Training Institute" (Manyata Prapt Prakshikshan Sansthan), as occurring in Rule 2 (kha) of Rules, 2002, I hold that the expression "recognized Training Institute" means a Training Institute, recognized or established either by State government or Union of India or Statutory bodies, such as, N. C. T. E. , U. G. C. etc. /organizations, maintained and controlled by either State Government or Central Government or a Training Institute, recognized or affiliated by a University or a Board for imparting Teachers Training Course. /organizations, maintained and controlled by either State Government or Central Government or a Training Institute, recognized or affiliated by a University or a Board for imparting Teachers Training Course. In the facts and circumstances, having regard to the guidelines, issued by the State from time to time, and the provisions of the ordinances, Acts and Rules, as discussed above, in my considered opinion: (a) "recognized Institute" means an institution recognized or established by State government or Union government or by statutory Bodies/organizations, maintained and controlled by either state Government or Central Government or recognized University or affiliated by a recognized university for imparting education (training herein); (b) After 1st July, 1995 or at best for another period of six months i. e. after 1st january, 1996 nobody, offering a course or training in Teachers Education, can run the institute without prior recognition by the n. C. T. E. , there being bar to run such institute under Sub-section (1) to Section 14 of the N. C. T. E. Act, 1993; (c) Even if a Teachers Training Institute is affiliated to a University recognized by the university Grant Commission, no Teachers training Examination can be held by the university whether provisional or otherwise, for the students of such Teachers Training college after 1st January, 1996, if the institute is not recognized by the N. C. T. E. , in view of Clause (b) to Section 16 of the n. C. T. E. Act, 1993; (d) A person, who has completed and obtained a Degree/diploma/certificate in teachers Training Course prior to 31st January, 1996 i. e. six months after promulgamation of the N. C. T. E. Act, 1993 from an institute, recognized or established by the State Government or Union Government or by Statutory Bodies/organizations maintained and controlled by either State government or Central Government or ognized University or affiliated by a recognized University for imparting Teachers training Education, is eligible for appointment to the post of Primary Teacher, if otherwise found fit and (e) Since 4th September, 2001 i. e. the date N. C. T. E. (Determination of Qualification and Recruitment of Teachers) Regulation, 2001 came into force, no untrained person can be appointed to the post of Primary teacher. " the Division Bench also took note of the relevant provisions i. e. 2 (kha) of the jharkhand Primary School Amendment Recruitment Rules, 2003 as also Sections 14 and 16 of the National Council For Teachers Education Act, 1993 (Act No. 73 of 1993)and held as follows: "2. Definition -xx xx xx (kha) "trained" means those persons, who have got and passed the following training from a recognized Training Institution: - (1) Two years teachers training, or (ii) B. Ed. /dip. in Ed. /dip. in Teach xx xx xx xx "14. Recognition of institutions offering course of training in teacher education: (1)Every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations. Provided that an institution offering a course of training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee. (2) The fee to be paid along with the application under sub-section (1) shall be such as may be prescribed. (3) On receipt of an application by the regional Committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall- (a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such condition as may be determined by regulation; or (b) if it is of the opinion that such institution does not fulfil the requirements laid down in sub-clause (a), pass an order refusing recognition to such institution for reasons to be recorded in writing: provided that before passing an order under sub-clause (b) the Regional Committee shall provide a reasonable opportunity to the concerned institutions for making written representation. (4) Every order granting or refusing recognition to an institution for a course or training in teacher education under sub-section (3) shall be published in the official gazette and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the State Government and the central Government. (5) Every institution in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under Clause (b) of sub-section (3 ). (6) Every examining body shall, on receipt of the order under sub-section (4) (a) grant affiliation to the institution, where recognition has been granted; or (b) cancel the affiliation of the institution, where recognition has been refused. xxx xxx xxx "16. Affiliating body to grant affiliation after recognition or permission by the Council: Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day :- (a) grant affiliation, whether provisional or otherwise, to any institution; or (b) hold examination, whether provisional or otherwise; for a course or training conducted by a recognized institution. Unless the institution concerned has obtained recognition from the Regional committee concerned under section 14 or permission for a course or training under section 15. " taking into consideration the facts and circumstances of the case, the statutory rules, 2002 and the decisions, rendered by the Supreme Court, as discussed above, in my view no ground is made out to interfere with the orders, passed by the Secretary, human Resources Development Department (Primary Education), Govt. of Jharkhand ranchi, as affirmed by the learned single judge or to grant any relief to the appellants/petitioners. The appellants/petitioners, having no requisite qualification of teachers Training, as per Rule 2 (kha) of rules, 2002, many of them having obtained training qualification from unrecognized institutions and one institution even found fake by the U. G. C. and the Degree/diploma/ certificate obtained in other cases are not being equivalent to Trained Graduate/ teachers Training, no relief can be granted to any of them. There being no merit, all the appeals and the analogous writ petition are hereby dismissed. However, in the facts and circumstances, there shall be no order as to cost. There being no merit, all the appeals and the analogous writ petition are hereby dismissed. However, in the facts and circumstances, there shall be no order as to cost. " ( 8 ) APART from the fact that the present second writ petition, preferred by the petitioners for the same relief is not maintainable, as there is nothing on the record to suggest that the institute from where the petitioners have got training i. e. "deepshikha, Ranchi" is recognized by National Council For Teachers Education, New delhi, no relief can be granted. There being no merit, this writ petition is hereby dismissed. Petition dismissed. --- *** --- .